Mayor's Office

Last night, the Common Council issued a resolution in anticipation that the Roe v. Wade decision could be overturned by the U.S. Supreme Court in the near future and an 1849 law criminalizing abortion, even in cases of rape and incest, could become prevailing state law.
 
The resolution notes that the City of Madison has other criminal justice priorities and will not be prioritizing the investigation, arrest or prosecution of people under the 1849 law.

In brief, the resolution:

• opposes the overturning of Roe v. Wade
• opposes Wis. Stat. §940.04 and other Wisconsin laws that prohibit and criminalize abortions
• supports the Madison Police Chief in revising the Madison Police Department’s (MPD) General Orders to reflect that no physical arrest will be made by an officer for an alleged violation of Wis. Stat. § 940.04
• supports the Madison Police Chief in revising MPD’s General Orders to reflect that if or when MPD receives a complaint asserting solely a violation of Wis. Stat. § 940.04, MPD will refer the matter to the Wisconsin Department of Health Services

Read the full resolution below:

https://madison.legistar.com/LegislationDetail.aspx?ID=5700750&GUID=8A5A951B-4BA4-438C-86C3-7FFECAC27E37&Options=ID%7CText%7C&Search=72236&FullText=1